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PRADHYUMAN (CA, CS , LL.B.)     13 January 2015

Any remedy when employer not paying pending 2 mth salary

Respected Sir 

I am working with Listed Company Delhi Based as an Company Secretary and Assistant Finance Manager form April 2014 to till date. 
They not paying salary on time (always pay after 45 days) along with they paid whole salary  in cash only 2 times they give cheque . All employee have same situation. Now the MD saying, when i ask for salary from him  that you will resign we cant afford you and we paid  your salary amount when we have, even they not giving me cheque of my pending salary
The Proof of employment that i have are :
1. Form 32 filled with registrar of company and at  ROC website my name showing with Directors.
2. Attendance sheet till to date of All employee's 
3. Salary calculation sheet  and Leave Adjustment sheet of all employee's of each month till December 2014.
4. Offer Letter 
5. Resolution of My Appointment as Company Secretary
6. Website of Company Showing my name as  Company Secretary
I request you to please guide what step shall i take  .
I read out many article on net on as per my understanding following remedy that  i have are :
1. Civil Suit : Oder 37 CPC Summary suit
2. Criminal suit : U/s 
406 - Breach of trust

417-  Cheating 

(As at the time of appointment HR convey me that we paid salary unto 12 of the month)
420 - Cheating and dishonestly inducing delivery of property
426 - Mischief

can you please provide the guidance how i proceeds 


 2 Replies

Senthil kumar (Recruitment)     14 January 2015

Dear Friend,


Approach a lawyer and send a legal notice..

Manpreet (Manager)     14 January 2015

Send legal  notice to the company. After one month  File winding up petition 

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